Terms of Use

By accessing, using or downloading materials from ENDOSIM.com and any and all websites, mobile sites, applications, widgets, and other features that link to ENDOSIM.com (collectively, “Sites”), you agree to be bound by these Terms of Use. The following Terms of Use should be reviewed carefully. If you cannot or do not agree to or with these Terms of Use, do not use the Sites. ENDOSIM reserves the right to make changes or updates to these Terms of Use at any time without notice. Please visit the site periodically to review the most current terms governing your use of the Sites.

OWNERSHIP OF CONTENT

The Sites and all of its contents, including but not limited to, all information, content, images, video, text, trademarks, product and service names, marks, slogans, interactive services, and software (together, "Content") are owned by ENDOSIM, its affiliates, subsidiaries, parent companies, or sponsors (together, "Affiliates") or other third-parties with all rights reserved unless otherwise noted. Content includes certain software that may be used for various purposes ("Software") and certain specialized content, such as interactive services that allow you to post or display information and materials. Your use of the Content in violation of these Terms of Use is strictly prohibited, may result in severe civil and criminal penalties, and will be prosecuted to the fullest extent of the law.

LIMITED LICENSE TO USE THE SITES

You may download Content (one machine-readable copy and one print copy per page on a single computer) only for your personal use for non-commercial purposes, provided that the copyright, trademark, or other proprietary notices are not removed from the Content. You may not use, distribute, modify, transmit, reproduce, broadcast, license, transfer, sell, display, or create derivative works from the Content in any way without ENDOSIM’ written permission. You may not post the Content for any public or commercial use. This is a limited license and does not transfer any ownership right. In addition, downloading Software is prohibited if you are visiting the Sites from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce.

The Content that is downloaded from the Sites for or on behalf of the government of the United States of America and/or its agencies (the "U.S. Government") is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

You may not use the Sites or Content to: (i) post or transmit any false, misleading, abusive, harassing, infringing, threatening, defamatory, libelous, scandalous, obscene, pornographic or profane material that would constitute a criminal offense or give rise to civil liability or otherwise violate the law; (ii) impersonate any person or entity, including any Sites moderator or ENDOSIM representative, or to imply that ENDOSIM endorses any statement you make; (iii) advertise or engage in commercial solicitation, or otherwise exploit the Sites for any commercial purposes; (iv) post or transmit any virus, worm, spyware, malicious code, file or program that may or is intended to damage the Sites or Content, or that may or is intended to monitor the use of any hardware, software or equipment; (v) harvest, collect or intercept any data, system, or personally identifiable information from the Sites; (vi) interrupt, interfere or restrict the operation of the Sites or the infrastructure that makes the Sites available; (vii) adapt, modify, reverse engineer, translate, or decompile any portion of the Sites or Content; or (viii) take any action which imposes an unreasonable or disproportionately large load on the Sites’ network or other infrastructure.

Certain Software may be governed by an additional end user license agreement to which you may be required to agree prior to being granted a license to use such Software.

ENDOSIM will cooperate fully with the law enforcement authorities or any court order requesting ENDOSIM to disclose the identity of anyone violating these Terms of Use.

SUBMISSION BY USER

ENDOSIM or any of its employees do not accept or consider unsolicited ideas, including ideas for new products, advertising, promotions, technologies, product enhancements or improvements, processes, materials, or new product names through the Sites or otherwise. Please do not submit, display or post any unsolicited ideas, designs, samples, prototypes, original creative artwork or other works (each, a "Submission") in any form on the Sites. The purpose of this prohibition is to (i) avoid potential misunderstanding or disputes when ENDOSIM products or marketing may seem similar to a Submission; and (ii) establish expectations when you make a Submission or use a Submission made available on the Sites.

If you do submit an unsolicited idea, regardless of what your communication contends, you agree that your Submission becomes the property of ENDOSIM and that you grant to ENDOSIM and the Affiliates a worldwide, non-exclusive, royalty-free, transferable, free, perpetual, irrevocable right and license, without compensation to you, to (i) use, reproduce, adapt, transmit, display or redistribute the Submission for any purpose and in any way; and (ii) sub-license the rights set forth herein to the maximum extent permitted by law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and your use of the Site in transmitting the Submission complies with all applicable laws and does not infringe or otherwise violate the intellectual property rights of any third party. You also agree that ENDOSIM is not obligated to keep the Submission confidential, return the Submission to you, or review or respond to the Submission.

The information contained or referred to in the Sites comes from a variety of sources and may be inaccurate, misleading, incomplete, outdated, deceptive, or offensive. The Sites are provided as a service to its visitors and the Sites information is provided on an "AS IS" basis and use of such information is at your own risk. ENDOSIM is not responsible for any advice, information, opinion, materials, or statement made in any Submission by third parties. ENDOSIM reserves the right to delete, modify, or supplement the content of the Submissions at any time for any reason without notification to anyone. In no event shall ENDOSIM, the Affiliates, or their respective employees, officers, directors, shareholders, agents, or representatives, be liable for any loss or damage caused by your reliance on any Submission or Content made available on the Sites by using any Submission.

If you choose to include any of your personally identifiable information in a Submission, you do so at your own risk, and ENDOSIM specifically disclaims any and all liability in connection with such action.

WARRANTIES AND REPRESENTATIONS; LIMITATION OF LIABILITY

ENDOSIM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF ANY INFORMATION, CONTAINED IN OR REFERRED TO IN THE SITES, FOR ANY PURPOSE. ENDOSIM ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS, WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES AND/OR THE INFORMATION CONTAINED IN OR REFERRED TO IN THE SITES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS PROHIBITED BY LAW.

IN NO EVENT SHALL ENDOSIM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, EITHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SITES, UNLESS PROHIBITED BY LAW.

LINKS TO THIRD-PARTY SITES

ENDOSIM is responsible only for content generated by ENDOSIM on the Sites. ENDOSIM does not review, is not responsible for, and does not endorse the contents, policies, or use of third-party websites controlled by parties other than ENDOSIM. Any links to other websites are provided as merely a convenience to the users of the Sites and your decision to view or use any of such linked websites is at your own risk.

ENDOSIM does not control, and is not responsible for, the content, security or privacy policies of any third-party websites. Without limiting the foregoing, ENDOSIM specifically disclaims any responsibility for (i) intellectual property violations; (ii) inaccuracy, incompletion, and misleading information; (iii) security measures, viruses, worms and other destructive items; and (iv) offensive nature, of any content on such third-party websites. ENDOSIM does not endorse the content, products or services on third-party websites, and your access to such third-party websites is at your own risk and without the permission of ENDOSIM.

HEALTHCARE INFORMATION

The Sites may contain information on medical and health-related topics. This information is provided for educational purposes only and is not meant to be a substitute for the medical advice provided by your own physician or other medical professional. ENDOSIM assumes no responsibility for how this information is used. You should not use this information for diagnosing a health problem or disease but should always consult your own physician. In addition, although ENDOSIM tries to keep the Sites as current as possible, please be aware that healthcare information, by its very nature, changes quite rapidly, so some materials may occasionally be out of date.

APPLICABLE LAWS

The Sites may contain information about products which may or may not be available in any particular country, and if applicable, may have received acceptance or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and practices governing the communication of information on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product which is not authorized by the laws and regulations of the country where the reader resides.

The Sites are developed and maintained by ENDOSIM from its offices in Massachusetts, U.S.A. All claims relating to the Sites shall be governed by the laws of the Commonwealth of Pennsylvania. You may not use any of the information contained in the Sites in violation of U.S. export laws or regulations or in violation of any applicable federal, state or local laws or regulations.

COPYRIGHT INFORMATION

All materials contained on the Sites are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of ENDOSIM. You may not alter or remove any trademark, copyright, or other notice from copies of the content.